Publication details
Přičitatelnost vědění o právně významných okolnostech právnickým osobám
| Title in English | Attribution of Knowledge of Legally Relevant Facts to Juridical Persons |
|---|---|
| Authors | |
| Year of publication | 2025 |
| Type | Monograph |
| MU Faculty or unit | |
| Citation | |
| Description | In many cases, private law makes legal consequences conditional upon a person’s knowledge of legally relevant facts. If a legal norm that links the creation, modification or termination of rights and duties to knowledge can be applied to juridical persons, its application requires that it be determined, whether a juridical entity is in possession of such knowledge, or not. In this text, I attempt to establish a set of rules with which the problem of knowledge of juridical entity can be resolved in Czech law. Firstly, I conclude that one can attribute to juridical persons the knowledge of those of its officers, who are authorized to make decisions in matters, to which the information in question is relevant, as well as its agents, who are acting on its behalf in such matters. Secondly, I propose that the knowledge of those who exercise decision-making powers within the juridical entity without being its officers or agents (for instance its managing employees) can also be attributed to the entity. Finally, I arrive at the conclusion, that the attribution of knowledge to juridical persons is possible, wherever the possessor of knowledge is neither authorized to make decisions on behalf of the juridical person nor equipped with the power to represent it, but would have, in a properly organized entity, conveyed their knowledge to those on whom such competences are bestowed. The juridical person cannot therefore plead ignorance of its officers or agents, if the cause of such ignorance is a breach of its own duty of proper internal information management. |